Wright v. Sampter
District Court, S.D. New York
In Equity. Hearing on bill, answer, and agreed statement of facts. The material facts stipulated by the parties are as follows: The plaintiff is trustee in bankruptcy of the partners and partnership of M. Sampter, Sons & Co. The defendant, Elvira Sampter is a niece of the individual bankrupts, who are joined with her as defendants.
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In Equity. Hearing on bill, answer, and agreed statement of facts. The material facts stipulated by the parties are as follows: The plaintiff is trustee in bankruptcy of the partners and partnership of M. Sampter, Sons & Co. The defendant, Elvira Sampter is a niece of the individual bankrupts, who are joined with her as defendants. On June 4, 1004, M. Sampter, Sons & Co. were insolvent, and Arnold Sampter, one of the firm, its financial head and a defendant herein, was well aware that the firm was “financially in a critical condition.” For a long time prior to the date above given, the…
1Opinion of the Court
HOUGH, District Judge.
The facts agreed upon in this cause present two oft-mooted questions in rather an extreme and unusual form. The trustee seeks to recover the sum paid Elvira Sampter on the eve of bankruptcy, (1) because it is a voidable preference within sections 60a and 60b of the bankruptcy act (Act July 1, 1898, c. 541, 30 Stat. 562 [U. S. Comp. St. 1903, p. 3445]), and (2) because the transfer was “with the intent” on the bankrupt’s part to “hinder, delay or defraud” his creditors, and was not for “a present fair consideration” within section 67e (30 Stat. 564, c. 541 [U. S. Comp.…
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